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SENATE BILL NO. 970
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 134a (MCL 330.1134a), as amended by 2014 PA 72.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 134a. (1) Except as otherwise provided in subsection (2), 1
a psychiatric facility or other facility defined in 42 USC 1396d(d) 2
shall not employ, independently contract with, or grant clinical 3
privileges to an individual who regularly has direct access to or 4
provides direct services to patients or residents in the 5
psychiatric facility or other facility defined in 42 USC 1396d(d) 6
May 14, 2026, Introduced by Senator ANTHONY and referred to Committee on Health Policy.
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if the individual satisfies 1 or more of the following: 1
(a) Has been convicted of a relevant crime described under 42 2
USC 1320a-7(a). 3
(b) Has been convicted of any of the following felonies, an 4
attempt or conspiracy to commit any of those felonies, or any other 5
state or federal crime that is similar to the felonies described in 6
this subdivision, other than a felony for a relevant crime 7
described under 42 USC 1320a-7(a), unless 15 years have lapsed 8
since the individual completed all of the terms and conditions of 9
his or her the individual's sentencing, parole, and probation for 10
that conviction prior to before the date of application for 11
employment or clinical privileges or the date of the execution of 12
the independent contract: 13
(i) A felony that involves the intent to cause death or serious 14
impairment of a body function, that results in death or serious 15
impairment of a body function, that involves the use of force or 16
violence, or that involves the threat of the use of force or 17
violence. 18
(ii) A felony involving cruelty or torture. 19
(iii) A felony under chapter XXA of the Michigan penal code, 20
1931 PA 328, MCL 750.145m to 750.145r. 21
(iv) A felony involving criminal sexual conduct. 22
(v) A felony involving abuse or neglect. 23
(vi) A felony involving the use of a firearm or dangerous 24
weapon. 25
(vii) A felony involving the diversion or adulteration of a 26
prescription drug or other medications. 27
(c) Has been convicted of a felony or an attempt or conspiracy 28
to commit a felony, other than a felony for a relevant crime 29
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described under 42 USC 1320a-7(a) or a felony described under 1
subdivision (b), unless 10 years have lapsed since the individual 2
completed all of the terms and conditions of his or her the 3
individual's sentencing, parole, and probation for that conviction 4
prior to before the date of application for employment or clinical 5
privileges or the date of the execution of the independent 6
contract. 7
(d) Has been convicted of any of the following misdemeanors, 8
other than a misdemeanor for a relevant crime described under 42 9
USC 1320a-7(a), or a state or federal crime that is substantially 10
similar to the misdemeanors described in this subdivision, within 11
the 10 years immediately preceding the date of application for 12
employment or clinical privileges or the date of the execution of 13
the independent contract: 14
(i) A misdemeanor involving the use of a firearm or dangerous 15
weapon with the intent to injure, the use of a firearm or dangerous 16
weapon that results in a personal injury, or a misdemeanor 17
involving the use of force or violence or the threat of the use of 18
force or violence. 19
(ii) A misdemeanor under chapter XXA of the Michigan penal 20
code, 1931 PA 328, MCL 750.145m to 750.145r. 21
(iii) A misdemeanor involving criminal sexual conduct. 22
(iv) A misdemeanor involving cruelty or torture unless 23
otherwise provided under subdivision (e). 24
(v) A misdemeanor involving abuse or neglect. 25
(e) Has been convicted of any of the following misdemeanors, 26
other than a misdemeanor for a relevant crime described under 42 27
USC 1320a-7(a), or a state or federal crime that is substantially 28
similar to the misdemeanors described in this subdivision, within 29
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the 5 years immediately preceding the date of application for 1
employment or clinical privileges or the date of the execution of 2
the independent contract: 3
(i) A misdemeanor involving cruelty if committed by an 4
individual who is less than 16 years of age. 5
(ii) A misdemeanor involving home invasion. 6
(iii) A misdemeanor involving embezzlement. 7
(iv) A misdemeanor involving negligent homicide or a violation 8
of section 601d(1) of the Michigan vehicle code, 1940 PA 300, MCL 9
257.601d. 10
(v) A misdemeanor involving larceny unless otherwise provided 11
under subdivision (g). 12
(vi) A misdemeanor of retail fraud in the second degree unless 13
otherwise provided under subdivision (g). 14
(vii) Any other misdemeanor involving assault, fraud, theft, or 15
the possession or delivery of a controlled substance unless 16
otherwise provided under subdivision (d), (f), or (g). 17
(f) Has been convicted of any of the following misdemeanors, 18
other than a misdemeanor for a relevant crime described under 42 19
USC 1320a-7(a), or a state or federal crime that is substantially 20
similar to the misdemeanors described in this subdivision, within 21
the 3 years immediately preceding the date of application for 22
employment or clinical privileges or the date of the execution of 23
the independent contract: 24
(i) A misdemeanor for assault if there was no use of a firearm 25
or dangerous weapon and no intent to commit murder or inflict great 26
bodily injury. 27
(ii) A misdemeanor of retail fraud in the third degree unless 28
otherwise provided under subdivision (g). 29
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(iii) A misdemeanor under part 74 of the public health code, 1
1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided 2
under subdivision (g). 3
(g) Has been convicted of any of the following misdemeanors, 4
other than a misdemeanor for a relevant crime described under 42 5
USC 1320a-7(a), or a state or federal crime that is substantially 6
similar to the misdemeanors described in this subdivision, within 7
the year immediately preceding the date of application for 8
employment or clinical privileges or the date of the execution of 9
the independent contract: 10
(i) A misdemeanor under part 74 of the public health code, 1978 11
PA 368, MCL 333.7401 to 333.7461, if the individual, at the time of 12
conviction, is under the age of 18. 13
(ii) A misdemeanor for larceny or retail fraud in the second or 14
third degree if the individual, at the time of conviction, is under 15
the age of 16. 16
(h) Is the subject of an order or disposition under section 17
16b of chapter IX of the code of criminal procedure, 1927 PA 175, 18
MCL 769.16b. 19
(i) Engages in conduct that becomes the subject of a 20
substantiated finding of neglect, abuse, or misappropriation of 21
property by a state or federal agency according to an investigation 22
conducted in accordance with 42 USC 1395i-3 or 1396r. 23
(2) Except as otherwise provided in this subsection or 24
subsection (5), a psychiatric facility or other facility defined in 25
42 USC 1396d(d) shall not employ, independently contract with, or 26
grant privileges to an individual who regularly has direct access 27
to or provides direct services to patients or residents in the 28
psychiatric facility or other facility defined in 42 USC 1396d(d) 29
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until the psychiatric facility or other facility defined in 42 USC 1
1396d(d) or staffing agency has conducted a criminal history check 2
in compliance with this section or received criminal history record 3
information in compliance with subsection (3) or (10). This 4
subsection and subsection (1) do not apply to any of the following: 5
(a) An individual who is employed by, under independent 6
contract to, or granted clinical privileges in a psychiatric 7
facility or other facility defined in 42 USC 1396d(d) before April 8
1, 2006. On or before April 1, 2011, an individual who is exempt 9
under this subdivision and who has not been the subject of a 10
criminal history check conducted in compliance with this section 11
shall provide the department of state police with a set of 12
fingerprints and the department of state police shall input those 13
fingerprints into the automated fingerprint identification system 14
database established under subsection (13). An individual who is 15
exempt under this subdivision is not limited to working within the 16
psychiatric facility or other facility defined in 42 USC 1396d(d) 17
with which he or she the individual is employed by, under 18
independent contract to, or granted clinical privileges on April 1, 19
2006 but may transfer to another psychiatric facility or other 20
facility defined in 42 USC 1396d(d), covered health facility, or 21
adult foster care facility. If an individual who is exempt under 22
this subdivision is subsequently convicted of a crime described 23
under subsection (1)(a) through (g) or found to be the subject of a 24
substantiated finding described under subsection (1)(i) or an order 25
or disposition described under subsection (1)(h), or is found to 26
have been convicted of a relevant crime described under subsection 27
(1)(a), then he or she the individual is no longer exempt and shall 28
must be terminated from employment or denied employment or clinical 29
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privileges. 1
(b) An individual who is under an independent contract with a 2
psychiatric facility or other facility defined in 42 USC 1396d(d) 3
if he or she the individual is not under the facility's control and 4
the services for which he or she the individual is contracted is 5
are not directly related to the provision of services to a patient 6
or resident or if the services for which he or she the individual 7
is contracted allows allow for direct access to the patients or 8
residents but is are not performed on an ongoing basis. This 9
exception includes, but is not limited to, an individual who is 10
under an independent contract with the psychiatric facility or 11
other facility defined in 42 USC 1396d(d) to provide utility, 12
maintenance, construction, or communications services. 13
(3) An individual who applies for employment either as an 14
employee or as an independent contractor or for clinical privileges 15
with a psychiatric facility or other facility defined in 42 USC 16
1396d(d) or a staffing agency and who has not been the subject of a 17
criminal history check conducted in compliance with this section 18
shall give written consent at the time of application for the 19
department of state police to conduct a criminal history check 20
under this section, along with identification acceptable to the 21
department of state police. If the applicant has been the subject 22
of a criminal history check conducted in compliance with this 23
section, the applicant shall give written consent at the time of 24
application for the psychiatric facility or other facility defined 25
in 42 USC 1396d(d) or staffing agency to obtain the criminal 26
history record information as prescribed in subsection (4) from the 27
relevant licensing or regulatory department and for the department 28
of state police to conduct a criminal history check under this 29
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section if the requirements of subsection (10) are not met and a 1
request to the federal bureau of investigation Federal Bureau of 2
Investigation to make a determination of the existence of any 3
national criminal history pertaining to the applicant is necessary, 4
along with identification acceptable to the department of state 5
police. Upon On receipt of the written consent to obtain the 6
criminal history record information and identification required 7
under this subsection, the psychiatric facility or other facility 8
defined in 42 USC 1396d(d) or staffing agency that has made a good-9
faith offer of employment or an independent contract or clinical 10
privileges to the applicant shall request the criminal history 11
record information from the relevant licensing or regulatory 12
department and shall make a request regarding that applicant to the 13
relevant licensing or regulatory department to conduct a check of 14
all relevant registries in the manner required in subsection (4). 15
If the requirements of subsection (10) are not met and a request to 16
the federal bureau of investigation Federal Bureau of Investigation 17
to make a subsequent determination of the existence of any national 18
criminal history pertaining to the applicant is necessary, the 19
psychiatric facility or other facility defined in 42 USC 1396d(d) 20
or staffing agency shall proceed in the manner required in 21
subsection (4). A staffing agency that employs an applicant who 22
regularly has direct access to or provides direct services to 23
patients or residents under an independent contract with a 24
psychiatric facility or other facility defined in 42 USC 1396d(d) 25
shall submit information regarding the criminal history check 26
conducted by the staffing agency to the psychiatric facility or 27
other facility defined in 42 USC 1396d(d) that has made a good-28
faith offer of independent contract to that applicant. 29
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(4) Upon On receipt of the written consent to conduct a 1
criminal history check and identification required under subsection 2
(3), a psychiatric facility or other facility defined in 42 USC 3
1396d(d) or staffing agency that has made a good-faith offer of 4
employment or an independent contract or clinical privileges to the 5
applicant shall make a request to the department of state police to 6
conduct a criminal history check on the applicant, to input the 7
applicant's fingerprints into the automated fingerprint 8
identification system database, and to forward the applicant's 9
fingerprints to the federal bureau of investigation. Federal Bureau 10
of Investigation. The department of state police shall request the 11
federal bureau of investigation Federal Bureau of Investigation to 12
make a determination of the existence of any national criminal 13
history pertaining to the applicant. The applicant shall provide 14
the department of state police with a set of fingerprints. The 15
request shall must be made in a manner prescribed by the department 16
of state police. The psychiatric facility or other facility defined 17
in 42 USC 1396d(d) or staffing agency shall make the written 18
consent and identification available to the department of state 19
police. The psychiatric facility or other facility defined in 42 20
USC 1396d(d) or staffing agency shall make a request regarding that 21
applicant to the relevant licensing or regulatory department to 22
conduct a check of all relevant registries established under 23
federal and state law and regulations for any substantiated 24
findings of abuse, neglect, or misappropriation of property. If the 25
department of state police or the federal bureau of investigation 26
Federal Bureau of Investigation charges a fee for conducting the 27
criminal history check, the psychiatric facility or other facility 28
defined in 42 USC 1396d(d) or staffing agency shall pay the cost of 29
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the charge. The psychiatric facility or other facility defined in 1
42 USC 1396d(d) or staffing agency shall not seek reimbursement for 2
a charge imposed by the department of state police or the federal 3
bureau of investigation from the individual who is the subject of 4
the criminal history check. A prospective employee or a prospective 5
independent contractor covered under this section may not be 6
charged for the cost of a criminal history check required under 7
this section. The department of state police shall conduct a 8
criminal history check on the applicant named in the request. The 9
department of state police shall provide the department with a 10
written report of the criminal history check conducted under this 11
subsection. The report shall must contain any criminal history 12
record information on the applicant maintained by the department of 13
state police. The department of state police shall provide the 14
results of the federal bureau of investigation Federal Bureau of 15
Investigation determination to the department within 30 days after 16
the request is made. If the requesting psychiatric facility or 17
other facility defined in 42 USC 1396d(d) or staffing agency is not 18
a state department or agency and if criminal history record 19
information is disclosed on the written report of the criminal 20
history check or the federal bureau of investigation Federal Bureau 21
of Investigation determination that resulted in a conviction, the 22
department shall notify the psychiatric facility or other facility 23
defined in 42 USC 1396d(d) or staffing agency and the applicant in 24
writing of the type of crime disclosed on the written report of the 25
criminal history check or the federal bureau of investigation 26
Federal Bureau of Investigation determination without disclosing 27
the details of the crime. Any charges imposed by the department of 28
state police or the federal bureau of investigation Federal Bureau 29
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of Investigation for conducting a criminal history check or making 1
a determination under this subsection shall must be paid in the 2
manner required under this subsection. The notice shall must 3
include a statement that the applicant has a right to appeal the 4
information relied upon by the psychiatric facility or other 5
facility defined in 42 USC 1396d(d) or staffing agency regarding 6
his or her the individual's employment eligibility based on the 7
criminal history check. The notice shall must also include 8
information regarding where to file and describing the appellate 9
procedures established under section 20173b of the public health 10
code, 1978 PA 368, MCL 333.20173b. 11
(5) If a psychiatric facility or other facility defined in 42 12
USC 1396d(d) determines it necessary to employ or grant clinical 13
privileges to an applicant before receiving the results of the 14
applicant's criminal history check or criminal history record 15
information under this section, the psychiatric facility or other 16
facility defined in 42 USC 1396d(d) may conditionally employ or 17
grant conditional clinical privileges to the individual if all of 18
the following apply: 19
(a) The psychiatric facility or other facility defined in 42 20
USC 1396d(d) requests the criminal history check or criminal 21
history record information under this section upon conditionally 22
employing or conditionally granting clinical privileges to the 23
individual. 24
(b) The individual signs a statement in writing that indicates 25
all of the following: 26
(i) That he or she the individual has not been convicted of 1 27
or more of the crimes that are described in subsection (1)(a) 28
through (g) within the applicable time period prescribed by each 29
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subdivision respectively. 1
(ii) That he or she the individual is not the subject of an 2
order or disposition described in subsection (1)(h). 3
(iii) That he or she the individual has not been the subject of 4
a substantiated finding as described in subsection (1)(i). 5
(iv) The individual agrees that, if the information in the 6
criminal history check conducted under this section does not 7
confirm the individual's statements under subparagraphs (i) through 8
(iii), his or her the individual's employment or clinical privileges 9
will be terminated by the psychiatric facility or other facility 10
defined in 42 USC 1396d(d) as required under subsection (1) unless 11
and until the individual appeals and can prove that the information 12
is incorrect. 13
(v) That he or she the individual understands the conditions 14
described in subparagraphs (i) through (iv) that result in the 15
termination of his or her the individual's employment or clinical 16
privileges and that those conditions are good cause for 17
termination. 18
(c) Except as otherwise provided in this subdivision, the 19
psychiatric facility or other facility defined in 42 USC 1396d(d) 20
does not permit the individual to have regular direct access to or 21
provide direct services to patients or residents in the psychiatric 22
facility or other facility defined in 42 USC 1396d(d) without 23
supervision until the criminal history check or criminal history 24
record information is obtained and the individual is eligible for 25
that employment or clinical privileges. If required under this 26
subdivision, the psychiatric facility or other facility defined in 27
42 USC 1396d(d) shall provide on-site supervision of an individual 28
in the facility on a conditional basis under this subsection by an 29
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individual who has undergone a criminal history check conducted in 1
compliance with this section. A psychiatric facility or other 2
facility defined in 42 USC 1396d(d) may permit an individual in the 3
facility on a conditional basis under this subsection to have 4
regular direct access to or provide direct services to patients or 5
residents in the psychiatric facility or other facility defined in 6
42 USC 1396d(d) without supervision if all of the following 7
conditions are met: 8
(i) The psychiatric facility or other facility defined in 42 9
USC 1396d(d), at its own expense and before the individual has 10
direct access to or provides direct services to patients or 11
residents of the psychiatric facility or other facility defined in 12
42 USC 1396d(d), conducts a search of public records on that 13
individual through the internet criminal history access tool 14
maintained by the department of state police and the results of 15
that search do not uncover any information that would indicate that 16
the individual is not eligible to have regular direct access to or 17
provide direct services to patients or residents under this 18
section. 19
(ii) Before the individual has direct access to or provides 20
direct services to patients or residents of the psychiatric 21
facility or other facility defined in 42 USC 1396d(d), the 22
individual signs a statement in writing that he or she the 23
individual has resided in this state without interruption for at 24
least the immediately preceding 12-month period. 25
(iii) If applicable, the individual provides to the department 26
of state police a set of fingerprints on or before the expiration 27
of 10 business days following the date the individual was 28
conditionally employed or granted conditional clinical privileges 29
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under this subsection. 1
(6) The department shall develop and distribute a model form 2
for the statements required under subsection (5)(b) and (c). The 3
department shall make the model form available to psychiatric 4
facilities or other facility defined in 42 USC 1396d(d) subject to 5
this section upon request at no charge. 6
(7) If an individual is employed as a conditional employee or 7
is granted conditional clinical privileges under subsection (5), 8
and the information under subsection (3) or report under subsection 9
(4) does not confirm the individual's statement under subsection 10
(5)(b)(i) through (iii), the psychiatric facility or other facility 11
defined in 42 USC 1396d(d) shall terminate the individual's 12
employment or clinical privileges as required by subsection (1). 13
(8) An individual who knowingly provides false information 14
regarding his or her the individual's identity, criminal 15
convictions, or substantiated findings on a statement described in 16
subsection (5)(b)(i) through (iii) is guilty of a misdemeanor 17
punishable by imprisonment for not more than 93 days or a fine of 18
not more than $500.00, or both. 19
(9) A psychiatric facility or other facility defined in 42 USC 20
1396d(d) or staffing agency shall use criminal history record 21
information obtained under subsection (3) or (4) only for the 22
purpose of evaluating an applicant's qualifications for employment, 23
an independent contract, or clinical privileges in the position for 24
which he or she the individual has applied and for the purposes of 25
subsections (5) and (7). A psychiatric facility or other facility 26
defined in 42 USC 1396d(d) or staffing agency or an employee of the 27
psychiatric facility or other facility defined in 42 USC 1396d(d) 28
or staffing agency shall not disclose criminal history record 29
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information obtained under subsection (3) or (4) to a person who 1
that is not directly involved in evaluating the applicant's 2
qualifications for employment, an independent contract, or clinical 3
privileges. An individual who knowingly uses or disseminates the 4
criminal history record information obtained under subsection (3) 5
or (4) in violation of this subsection is guilty of a misdemeanor 6
punishable by imprisonment for not more than 93 days or a fine of 7
not more than $1,000.00, or both. Except for a knowing or 8
intentional release of false information, a psychiatric facility or 9
other facility defined in 42 USC 1396d(d) or staffing agency has no 10
liability in connection with a criminal history check conducted in 11
compliance with this section or the release of criminal history 12
record information under this subsection. 13
(10) Upon On consent of an applicant as required in subsection 14
(3) and upon request from a psychiatric facility or other facility 15
defined in 42 USC 1396d(d) or staffing agency that has made a good-16
faith offer of employment or an independent contract or clinical 17
privileges to the applicant, the relevant licensing or regulatory 18
department shall review the criminal history record information, if 19
any, and notify the requesting psychiatric facility or other 20
facility defined in 42 USC 1396d(d) or staffing agency of the 21
information in the manner prescribed in subsection (4). Until the 22
federal bureau of investigation Federal Bureau of Investigation 23
implements an automatic notification system similar to the system 24
required of the state police under subsection (13) and federal 25
regulations allow the federal criminal record to be used for 26
subsequent authorized uses, as determined in an order issued by the 27
department, a covered health or staffing agency facility may rely 28
on the criminal history record information provided by the relevant 29
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licensing or regulatory department under this subsection and a 1
request to the federal bureau of investigation Federal Bureau of 2
Investigation to make a subsequent determination of the existence 3
of any national criminal history pertaining to the applicant is not 4
necessary if all of the following requirements are met: 5
(a) The criminal history check was conducted during the 6
immediately preceding 12-month period. 7
(b) The applicant has been continuously employed by a 8
psychiatric facility or other facility defined in 42 USC 1396d(d), 9
covered health facility, or adult foster care facility or the 10
staffing agency since the criminal history check was conducted in 11
compliance with this section or meets the continuous employment 12
requirement of this subdivision other than being on layoff status 13
for less than 1 year from a psychiatric facility or other facility 14
defined in 42 USC 1396d(d), covered health facility, or adult 15
foster care facility. 16
(c) The applicant can provide evidence acceptable to the 17
relevant licensing or regulatory department that he or she the 18
applicant has been a resident of this state for the immediately 19
preceding 12-month period. 20
(11) As a condition of continued employment, each employee, 21
independent contractor, or individual granted clinical privileges 22
shall do each of the following: 23
(a) Agree in writing to report to the psychiatric facility or 24
other facility defined in 42 USC 1396d(d) or staffing agency 25
immediately upon on being arraigned for 1 or more of the criminal 26
offenses listed in subsection (1)(a) through (g), upon on being 27
convicted of 1 or more of the criminal offenses listed in 28
subsection (1)(a) through (g), upon on becoming the subject of an 29
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order or disposition described under subsection (1)(h), and upon on 1
being the subject of a substantiated finding of neglect, abuse, or 2
misappropriation of property as described in subsection (1)(i). 3
Reporting of an arraignment under this subdivision is not cause for 4
termination or denial of employment. 5
(b) If a set of fingerprints is not already on file with the 6
department of state police, provide the department of state police 7
with a set of fingerprints. 8
(12) In addition to sanctions set forth in this act, a 9
licensee, owner, administrator, or operator of a psychiatric 10
facility or other facility defined in 42 USC 1396d(d) or staffing 11
agency who knowingly and willfully fails to conduct the criminal 12
history checks as required under this section is guilty of a 13
misdemeanor punishable by imprisonment for not more than 1 year or 14
a fine of not more than $5,000.00, or both. 15
(13) In collaboration with the department of state police, the 16
department of technology, management, and budget shall establish 17
and maintain an automated fingerprint identification system 18
database that would allow the department of state police to store 19
and maintain all fingerprints submitted under this section and 20
would provide for an automatic notification if and when a 21
subsequent criminal arrest fingerprint card submitted into the 22
system matches a set of fingerprints previously submitted under 23
this section. Upon On notification, the department of state police 24
shall immediately notify the department and the department shall 25
immediately contact each respective psychiatric facility or other 26
facility defined in 42 USC 1396d(d) or staffing agency with which 27
that individual is associated. Information in the database 28
established under this subsection is confidential, is not subject 29
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to disclosure under the freedom of information act, 1976 PA 442, 1
MCL 15.231 to 15.246, and shall must not be disclosed to any person 2
except for purposes of this act or for law enforcement purposes. 3
(14) The department shall maintain an electronic web-based 4
system to assist psychiatric facilities or other facility defined 5
in 42 USC 1396d(d) and staffing agencies required to check relevant 6
registries and conduct criminal history checks of its employees and 7
independent contractors, and individuals granted privileges and to 8
provide for an automated notice to those psychiatric facilities or 9
other facility defined in 42 USC 1396d(d) and staffing agencies for 10
those individuals inputted in the system who, since the initial 11
criminal history check, have been convicted of a disqualifying 12
offense or have been the subject of a substantiated finding of 13
abuse, neglect, or misappropriation of property. The department may 14
charge a staffing agency a 1-time set-up fee of up to $100.00 for 15
access to the electronic web-based system under this section. 16
(15) As used in this section: 17
(a) "Adult foster care facility" means an adult foster care 18
facility licensed under the adult foster care facility licensing 19
act, 1979 PA 218, MCL 400.701 to 400.737. 20
(b) "Convicted" means either of the following: 21
(i) For a crime that is not a relevant crime, a final 22
conviction, the payment of a fine, a plea of guilty or nolo 23
contendere if accepted by the court, or a finding of guilt for a 24
criminal law violation or a juvenile adjudication or disposition by 25
the juvenile division of probate court or family division of 26
circuit court for a violation that if committed by an adult would 27
be a crime. 28
(ii) For a relevant crime described under 42 USC 1320a-7(a), 29
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convicted means that term as defined in 42 USC 1320a-7. 1
(c) "Covered health facility" means a nursing home, county 2
medical care facility, hospice, hospital that provides swing bed 3
services, or home for the aged licensed under article 17 of the 4
public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or 5
home health agency. 6
(d) "Criminal history check conducted in compliance with this 7
section" includes a criminal history check conducted under this 8
section, under section 20173a of the public health code, 1978 PA 9
3658, MCL 333.20173a, or under section 34b of the adult foster care 10
facility licensing act, 1979 PA 218, MCL 400.734b. 11
(e) "Direct access" means access to a patient or resident or 12
to a patient's or resident's property, financial information, 13
medical records, treatment information, or any other identifying 14
information. 15
(f) "Home health agency" means a person certified by medicare 16
whose business is to provide to individuals in their places of 17
residence other than in a hospital, nursing home, or county medical 18
care facility 1 or more of the following services: nursing 19
(i) Nursing services. , therapeutic 20
(ii) Therapeutic services. , social 21
(iii) Social work services. , homemaker 22
(iv) Homemaker services. , home 23
(v) Home health aide services. , or other 24
(vi) Other related services. 25
(g) "Independent contract" means a contract entered into by a 26
health facility or agency with an individual who provides the 27
contracted services independently or a contract entered into by a 28
health facility or agency with a staffing agency that complies with 29
20
WAM S06718'26_SB0970_INTR_1 7zi6e9
the requirements of this section to provide the contracted services 1
to the psychiatric facility or other facility defined in 42 USC 2
1396d(d) on behalf of the staffing agency. 3
(h) "Medicare" means benefits under the federal medicare 4
Medicare program established under title XVIII of the social 5
security act, 42 USC 1395 to 1395kkk-1.1395mmm. 6
(i) "Staffing agency" means an entity that recruits candidates 7
and provides temporary and permanent qualified staffing for 8
psychiatric facilities or other facility defined in 42 USC 9
1396d(d), including independent contractors. 10
(j) "Under the facility's control" means an individual 11
employed by or under independent contract with a psychiatric 12
facility or other facility defined in 42 USC 1396d(d) for whom the 13
psychiatric facility or other facility defined in 42 USC 1396d(d) 14
does both of the following: 15
(i) Determines whether the individual who has access to 16
patients or residents may provide care, treatment, or other similar 17
support service functions to patients or residents served by the 18
psychiatric facility or other facility defined in 42 USC 1396d(d). 19
(ii) Directs or oversees 1 or more of the following: 20
(A) The policy or procedures the individual must follow in 21
performing his or her the individual's duties. 22
(B) The tasks performed by the individual. 23
(C) The individual's work schedule. 24
(D) The supervision or evaluation of the individual's work or 25
job performance, including imposing discipline or granting 26
performance awards. 27
(E) The compensation the individual receives for performing 28
his or her the individual's duties. 29
21
Final Page
WAM S06718'26_SB0970_INTR_1 7zi6e9
(F) The conditions under which the individual performs his or 1
her the individual's duties. 2
Enacting section 1. This amendatory act does not take effect 3
unless all of the following bills of the 103rd Legislature are 4
enacted into law: 5
(a) Senate Bill No. 969. 6
7
(b) Senate Bill No. ____ (request no. S03074'25) or House Bill 8
No. ____ (request no. H03074'25). 9